Am I eligible for the VAWA process ?? (merged)

[Sam100 2]

how to Request for Exemption for Affidavit of Support I-864? as she is not ready to submit docs

 

is there any way to continue this case without my wife ?

 

 

[Pinkrlion 2,724]

No, it is not your case, it is your wife's case.  I doubt it is active at NVC

[Sam100 2]

yes it is active i checked already

 

 

 

 

[Pinkrlion 2,724]

File for divorce and move on

[Sam100 2]

it not easy to file divorce from out of country and she is not ready to come india for divorce idk what to do

 

Edited July 27, 2021 by sagar.bhandari

[Sam100 2]

will i get B1 b2 visitor visa ? 

if i apply once ??

[African Zealot 1,455]

4 minutes ago, sagar.bhandari said:

it not easy to file divorce from out of country and she is not ready to come india for divorce idk what to do

 

I sympathize with your situation however USCIS has nothing to do with it. You have to work out a divorce and move on with your life unfortunately. Alternatively see if you can reconcile and she will change her behavior. 
 

All the best.

[carmel34 3,633]

4 hours ago, sagar.bhandari said:

I'm looking for a lawyer who can help me with this case. my I130 is approved from USCIS on 21 Jan 2015 now my case is under NVC but the problem is. It's been 6 years since she keeps threatening me and abuse what is the way to continue this case without the petitioner?

You have no way forward without the petitioner.  VAWA does not apply in your situation because you are not in the USA.  The petition will not be sent from the NVC to the consulate or embassy abroad for a visa interview without the spouse's I-864.  You have two options, 1) try to work things out with your spouse, or 2) cut your losses and end the relationship, and move on with your life.  Good luck!

[nastra30 2,287]

22 minutes ago, sagar.bhandari said:

how to Request for Exemption for Affidavit of Support I-864? as she is not ready to submit docs

 

is there any way to continue this case without my wife ?

 

 

If she does not want to continue the case, there's nothing you can do. She's the petitioner and primary sponsor so she can decide to withdraw the petition before you migrate, unfortunately you can't continue the case without her. Also, since you are not in the U.S VAWA does not apply to you. 

Get yourself a divorce lawyer and get out of the abusive relationship.

[SusieQQQ 11,586]

1 hour ago, sagar.bhandari said:

no i got approved i130 on 21 jan 2015 but some reason we are not together anymore

 

but it showing on below link that spouse could apply for VAWA if abused

 

https://www.uscis.gov/i-360 

Since how long are you not together? When was the last time anything was done on the petition?

 

Anyway - if you read the instructions for filing VAWA under form 360 https://www.uscis.gov/sites/default/files/document/forms/i-360instr.pdf you’ll see it says 

 

If you are living abroad at the time of filing your petition, you may file the petition if:
1. The abuser is an employee of the U.S. Government;
2. The abuser is a member of the uniformed services; or
3. You were subjected to battery or extreme cruelty in the United States.

 

Do any of these apply to your case?

[Sam100 2]

last latter i had received on February 18, 2020 NVC Case Number- #############

but im still married with her 

[Sam100 2]

she used to work for  U.S. Government as i remembered  i have no idea where she working currently 

[Sam100 2]

https://www.uscis.gov/sites/default/files/document/forms/i-360instr.pdf you’ll see it says 

 

please heighted option 4 

[Sam100 2]

i guess i can meet all these requirement. please suggest shall i go with this  

 

 

[SusieQQQ 11,586]

Well the instructions are very clear about the proof and requirements, you need to decide if you feel you have a case. It’s not clear to me that you do but you seem to think so. You need however to read the full instructions not just the parts you are selectively quoting. 
 

 

Edited July 27, 2021 by SusieQQQ